Section 16(4) of CGST Act & Rejection of ITC
This query is : Resolved
09 January 2024
Dear Sir,
Please guide us on the rejection of the ITC claimed in GSTR 3B filed beyond the prescribed limits mentioned u/s 16(4) of CGST Act. The interest & late filing fees were paid along with Form GSTR 3B. A notice is received from the dept rejecting the ITC claimed and the payment of this ITC.
Can an assessee challenge this further? or he has to pay these ITC??
Kindly guide.
Regards,
Suraj
Please guide us on the rejection of the ITC claimed in GSTR 3B filed beyond the prescribed limits mentioned u/s 16(4) of CGST Act. The interest & late filing fees were paid along with Form GSTR 3B. A notice is received from the dept rejecting the ITC claimed and the payment of this ITC.
Can an assessee challenge this further? or he has to pay these ITC??
Kindly guide.
Regards,
Suraj
10 January 2024
Go through the contents of the notice and verify the facts. In case you have filed 3B beyond the last date for availing ITC for that financial year, then your case falls into section 16(4).
If yes then as of now there is no respite since many High Courts have upheld section 16(4), however recently SC has admitted SLP against Patna HC decision in Gobinda Construction so if you are planning to challenge you may mention this.
If yes then as of now there is no respite since many High Courts have upheld section 16(4), however recently SC has admitted SLP against Patna HC decision in Gobinda Construction so if you are planning to challenge you may mention this.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Tax on Deemed Capital Gain
- Type of Capital Gain
- Exiting partner in partnership firm in gst portal
- Banking Related Issue
- ITR-3 File/Error Found
- TDS offline utility
- Due Date Clarity
- Gst on travel by air for business purposes
- Can a single LLP in India legally operate multiple unrelated businesses (Travel, Cloud Kitchen, Ecom
- Error in uploading Form 10BD
- CASH GIFT FROM BLOOD RELATIVE
- Account freezed for Ineligible ITC Scrutiny for GST Annual Return
- Rent claimed on building given on permissive possession basis
- TDS on property - Form 141 query
- Seeking Advice: High Tax Shortfall on Job Switch + Let-Out House Property Loss in FY 2025-26
- Housing Society-ITR5
- TDS on Rent received on redevelopment of building
- Indian IT Portal issue in computing tax as per UK-India DTAA
- Capital Gains on sale of residential flat
- Upload Level ValidationITR3Category of Defect B/D
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
